Being a responsible driver starts by ensuring you carry auto insurance. In fact, it’s illegal to drive without car insurance in the state of Illinois. Yet, as of 2019, around 11.8 percent of the motorists in the state were uninsured.
Whether you forget to renew your policy or had a lapse in your policy for missing a payment, and you get involved in an auto accident, you might be wondering what happens next. This guide will help you understand whether you can be compensated without insurance and other implications. Before that, let’s understand the implications for driving without insurance in Illinois:
As an Illinois driver, you must carry minimum liability coverage of $25,000 for bodily injury/ person, $20,000 for property damage, and $50,000 for bodily injury/ accident. If you’re found to be driving without insurance, you may face a license suspension and be charged a fine the first time around.
Getting caught subsequent times can put you in more severe trouble. If you get involved in an accident without insurance, you may face additional repercussions such as vehicle seizure and/or driving suspension, a hefty fine, and so on.
Normally in an auto accident, the driver who was at fault is required to compensate the driver who wasn’t at fault. This is to assume that both the drivers carry insurance.
But what if you had no insurance and the other driver was at fault? Before we answer that question, it’s important to know that certain states adhere to No Pay, No Play laws. This means that an uninsured driver can recover economic damages such as property damage and medical bills. However, non-economic damages such as pain and suffering cannot be recovered from the at-fault driver’s insurance.
To your luck, Illinois isn’t a No Pay, No Play state, which means you should be able to recover both economic and non-economic damages from the at-fault driver’s insurance. This doesn’t mean you will not be penalized for driving without insurance. You will still face the charges for driving without insurance discussed above.
Moreover, if you were at fault in the accident and have no insurance, the other driver will attempt to recover their claims from their uninsured motorist claims. Once the claim is settled, their insurance agency will proceed to subrogation. This is a process in which they’ll sue you to recover the cash they lost in paying for the damages you caused to that driver. Hence, you’ll not just face immediate setbacks like license suspension and fines, but also have to pay the damages at the time of subrogation.
To sum it up, you should be able to recover the damages after being involved in an auto accident without insurance, but the process can be stressful. Hiring a car accident lawyer can make your life a lot easier. If you’re looking for an auto accident lawyer in Antioch, Robert Edens is the best attorney for you. To request a free quote, fill out our contact form.